Artistic Name Conflict of Rights or Double Protection?
The Denominations of Persons or Groups dedicated to artistic activities or better known as Artistic Names, are controversial figures protected by the Copyright in the Federal Copyright Law and its Regulations through the Reservations to Exclusive Use, which gives the holder the exclusive and temporary use of that name for a period of five years, extendable for periods of the same duration.
The Artistic Name is a pseudonym that allows artists or artistic groups to carry out their activities and gain recognition among the public without revealing their true identity. In many cases, however, these rights often conflict with the rights granted by other industrial property rights, such as trademarks, which are perceptible signs by the senses and can be represented by names, letters, numbers, figurative elements, etc., are also allowed the use of commercial names, names or social reasons and personal names of individuals to provide entertainment services, education, culture, artistic activities, musical activities among many other activities in this field.
By having the artistic name and the trademark the same object of protection “a name or pseudonym for performing artistic and/or entertainment activities”, which in the case of being for different holders cause a confrontation of titanic dimensions but that, if, on the contrary, they are for the holder(s) and result in double protection, one under the Copyright Act granted by the National Copyright Institute (INDAUTOR) through a reservation to the exclusive use of the artistic name and the other by the Industrial Property Law granted by the Mexican Institute of Industrial Property (IMPI) through the trademark.
In Bandala | Díaz | García we keep you updated on the scope of the dual protection and conflict of rights that can occur with the use of Artistic Names.